Town Board and Plan Commission — Agenda packet

Town of River Falls Town Board 9/15/25 Meeting Materials TOWN OF RIVER FALLS The following River Falls Town Meetings will meet on Tuesday, September 15, 2025, beginning at 6:00 P.M. at the River Falls Town Hall, W9015 770th Ave. 6:00 P.M. – Plan Commission Agenda: Minutes; Comments & Requests; Zoning Administrator Report; Discuss Impact Fees Needs Assessment Subcommittee; Discuss Concentrated Animal Feeding Operation Subcommittee; Discuss Extraterritorial Zoning Town Ordinance Subcommittee; A quorum of Town Board members may be present. 7:00 P.M. Regular Board Meeting AGENDA Call to order Consider for approval or other action: 1. Approve Agenda 2. Minutes from September 2, 2025, Regular Board Meeting 3. Financial/Fire Call Report 4. Public Comments and Requests 5. Zoning Administrator Report 6. Plan Commission Report 7. Guest Speaker: Attorney Robert Loberg 8. Discuss Impact Fees 9. Approve Recycling Grant Application 10. Board and Staff Communications 11. Future Agenda Items 12. Audit and Pay Bills 13. Closed Session: under State Statute 19.85(1)(c) to consider employment, promotion, compensation or performance evaluation, data of any employee over which the governmental body has jurisdiction or exercises responsibility. 14. Adjourn Action may be taken on any agenda item. This agenda is subject to change. Some agenda items may be taken up earlier in the meeting, or in a different order than listed. The posted notice at the Town Hall is the primary notice. Meeting notice posted on the Town’s website www.riverfallstown.com, at the River Falls Town Hall, W9015 770th Avenue, River Falls, WI and at the River Falls Town Shop, N7750 State Road 65, River Falls, WI. Anyone wishing to attend the meeting who requires special accommodation because of a disability should contact the Clerk’s office, at 715-629-8240 or email clerk@riverfallstown.com, at least 72 hours before the meeting begins so that appropriate accommodations can be made. Sarah Meyer, Clerk TOWN OF RIVER FALLS – REGULAR BOARD MEETING Tuesday, September 2, 2025, River Falls Town Hall Elected officials and staff present: Terry Kusilek, Chair; Siri Smith, Joe Mahoney, Brad Mogen, Supervisors; Rita Kozak, Treasurer; Sarah Meyer, Clerk; Don Rodewald, Zoning Administrator; Guests present: Mary Merta, Maureen Ash, Jerome Rodewald, David Wilkens, Wendy DiPeso The meeting was called to order by Chair Terry Kusilek at 7:05pm. Joe made a motion that the agenda be approved. Brad seconded. M.C. Joe moved to approve the minutes of the August 18, 2025, Regular Board meeting. Brad seconded. M.C. Financial Report/Fire Call Report: Treasurer Rita provided the Treasurer’s Report. The current Money Market account balance is $892,402.74. Brad moved, and Joe seconded to approve the financial and fire call reports. M.C. Public Comments & Requests: none Zoning Administrator Report: Zoning Administrator Don Rodewald provided the zoning report (attached). Joe made a motion to accept the Zoning Administrator’s report. Brad seconded. M.C. Plan Commission Report: No recommendations. Discuss and Approve Letter for Fire Call Process: Rita presented a draft of a letter and updated process for fire call billing. Rita will make the discussed changes and bring it back to the next meeting. Discuss and Take Action on Exterior Door Replacement at Town Hall: Brad moved to accept the bid for exterior door replacement at the town hall. Rudesill Builders will complete the project for approximately $5,000. Siri seconded. M.C. Discuss and Take Action on All Croix Inspections and Building Permit at W8892 770th Avenue: David Wilkens’ contractor Detail Company Construction has submitted a request to withdraw the building permit application for the Accessory Dwelling Unit. All Croix Inspections LLC has agreed to cancel the permit and will refund the $6,033 to the contractor. All Croix will no longer be involved with the project and if the new contract wishes to apply for a permit, they will do so with TF inspection Agency. Board and Staff Communications: Rita shared that the state has made some changes, and the Town will need to update the Recycling Ordinance. This will come forward at a future meeting. Siri said there was a cow out on the road over the weekend, but it was contained. Sarah reminded the group that the Wisconsin Towns Association Fall workshops are coming up September 22 – 25. She continues to work on the website upgrade and will work with Siri and Rita to create a new logo and branding plan. Don and Jerome have started working with Pierce County on updating the farmland preservation Ordinances. Jerome shared that the Cemetery Committee had a discussion on Mt Zion. Jerome and Terry are planning to meet with Mark Gehl to get a right of way agreement in place. The Committee has requested a change in rules to allow casket burial without vault at Glass Valley. This will come up at a future Town Board meeting. Future Agenda items: • Approve Agenda • Minutes from September 2, 2025, Regular Board Meeting • Financial/Fire Call Report • Public Comments and Requests • Zoning Administrator Report • Plan Commission Report • Approve Recycling Grant Application • Guest Speaker: Bob Loberg • Discuss and Approve Fire Call Billing Process and Fees • Discuss Impact Fee Process • Closed Session: Employee Review Meeting and Pay Rates • Board and Staff Communications • Future Agenda Items • Audit and Pay Bills • Adjourn Joe moved to audit and pay bills, Brad seconded. M.C. Joe moved to adjourn. Siri seconded. M.C. Meeting adjourned at 8:22pm. Type DateNum Name Memo Clr Split Amount Balance Ordinary Income/Expense Income Public Charges for Services Recycling Center Deposit 09/04/255671Cheri Ronning Recycling 5121Money Market Acc...30.00 30.00 Deposit 09/04/2510960Stephan Cox Recycling 5122Money Market Acc...20.00 50.00 Deposit 09/04/253832Alex Theobold Recycling 5123Money Market Acc...21.00 71.00 Deposit 09/04/251442Jacob Durocher Recycling 5124Money Market Acc...15.00 86.00 Deposit 09/04/254126Nate Schurman Recycling 5125Money Market Acc...15.00 101.00 Deposit 09/04/2510974Terry Knutson Recycling 5126Money Market Acc...10.00 111.00 Deposit 09/04/252392Michael SchmidtRecycling 5127Money Market Acc...10.00 121.00 Deposit 09/04/25456Lukas Nelson Recycling 5128Money Market Acc... 9.00 130.00 Deposit 09/04/252399Kris Torkelson Recycling 5129Money Market Acc... 8.00 138.00 Deposit 09/04/25CashJoe Mahoney Recycling 5130Money Market Acc...975.10 1,113.10 Deposit 09/08/256811Tami Gregg Recycling 5131Money Market Acc...70.00 1,183.10 Deposit 09/08/259434Sarah Hansen Recycling 5132Money Market Acc...55.00 1,238.10 Deposit 09/08/251120Frederic FeisthauerRecycling 5133Money Market Acc...45.00 1,283.10 Deposit 09/08/251099Eric Deaton Recycling 5134Money Market Acc...25.00 1,308.10 Deposit 09/08/252403Kris Torkelson Recycling 5135Money Market Acc...12.00 1,320.10 Deposit 09/08/2510977Terry Knutson Recycling 5136Money Market Acc...10.00 1,330.10 Deposit 09/08/2510594Dennis Hildrith Recycling 5137Money Market Acc... 9.00 1,339.10 Deposit 09/08/25457Lukas Nelson Recycling 5138Money Market Acc... 9.00 1,348.10 Deposit 09/08/252275Donna GilbertsonRecycling 5139Money Market Acc... 6.00 1,354.10 Deposit 09/08/25176Erin Stone Recycling 5140Money Market Acc... 5.00 1,359.10 Deposit 09/08/25CashJoe Mahoney Recycling 5141Money Market Acc...1,366.74 2,725.84 Total Recycling Center 2,725.84 2,725.84 Zoning Fee DW/Site Ins/TraDwel Deposit 09/04/252257Zachry KuechenmeisterDriveway Permit ...Money Market Acc...75.00 75.00 Total Zoning Fee DW/Site Ins/TraDwel 75.00 75.00 Total Public Charges for Services 2,800.84 2,800.84 Total Income 2,800.84 2,800.84 Net Ordinary Income 2,800.84 2,800.84 Net Income 2,800.84 2,800.84 Town of River Falls 09/15/25 Profit and Loss Detail September 4 - 15, 2025 Page 1 TOWN OF RIVER FALLS TREASURER’S REPORT SEPTEMBER 15, 2025 FNBRF MONEY MARKET $ 875,203.58 TRANSFERS 9/11/25 $ 20,000.00 DESIGNATED FUNDS IN MM $ 44,937.00 Highway Equip't $ 40,000.00 Capital Outlay MONEY MARKET AVAILABLE $ 770,266.58 ROYAL CREDIT UNION $ 25.22 Business Savings $ 316,160.07 Equity Account Revaluation $20,000.00 move $10000 from FNBRF Recycling CD Now in equity account rolled into equity 8/25 Impact Fees OPEN NEW ACCOUNT RCU AVAILABLE $ 296,185.29 TOTAL AT BOTH BANKS $ 1,066,451.87 RECOMMENDED RESERVE $ 445,653.00 AVAILABLE FUNDS $ 620,798.87 See 2025 budget Fire/Accident Call Letter: The cost for a certified letter ($5+) requires signature of homeowner or, if not home, notification to come to the post office to retrieve letter. See updated letter/invoice, equest pproval to use this letter for future billing. List of outstanding unpaid accident/fire calls attached. Recycling Grant Application—see attached a new cleaner logo maybe??? DATE Name Address Address Included in this mailing is the Town of River Falls’ cost recovery invoice detailing the charges for a recent fire or accident call for service by the River Falls Rural Fire Department. You are encouraged to contact your auto or home insurance carrier about this invoice. Some insurance companies may reimburse you these costs. This invoice has not been submitted to your insurance company. The Town of River Falls is not authorized to bill your insurance on your behalf. Date of Incident: Responsible Party: Personnel $ Apparatus, Equipment, Supplies $ Administrative Fee $? Town Property Damages/Repairs $ Total Incident Costs $ The total incident costs are due within 30 days of this billing. Please submit your timely payment to: Town of River Falls W9015 770th Avenue River Falls, WI 54022 If not paid within 30 days, a monthly late fee of 1.5% will be applied to the balance of the account. If account is unpaid after 90 days, the incident cost plus compounded? interest will be sent to a collection agency. The Town of River Falls adopted Ordinance No. 2010-2, available on the Town website https://riverfallstown.com authorizes the recovery of fire department response fees. Cost recovery charges, (Resolution #2012-G), are listed on the reverse side of this document and available on-line. Please contact the Town Treasurer with any questions related to this invoice. Sincerely, Rita M. Kozak, Treasurer torf.treasurer@gmail.com 715.425.8554 Town of River Falls Resolution #2012-G Recoverable Fire Department Response Fees $800.00 All fire department calls, specifically including building fire, grass fire, vehicle fire, vehicle extrication, false alarm and rescue.* Vehicle Accident Response $800.00 1 Vehicle* $600.00/each 2 Vehicles* $500.00/each 3 or more vehicles/each* *Plus actual cost of any other expenses as determined by the River Falls Rural Fire Department. Hazardous Materials Response $800.00 Minimum charge or such greater amount for actual costs as may be charged for the specific call by the responding fire department(s). Damage to Equipment or Property Actual cost, net after applying available insurance coverage received. Zoning Report Sept 2 – Sept 15, 2025 9/5 Reviewed Pierce County Farmland Preservation map. Recommend adding FP zoning issues on the agenda for the next planning committee meeting. 9/10 Discussed possible expansion of non-conforming use with Jeff Marzolf N8701 Cty Rd W. Recommend adding this issue to the agenda for the next planning committee meeting. 9/10 W7616 710th Ave. – Issued zoning permit to Greg Ullom for repairs and alterations of a 24’ x 7’ front porch. Est Cost - $3,000. 9/10 N7372 Cty Rd O – Reviewed dwelling site application for Avant Builders. Recommending review and approval by Planning Committee. Est Cost - $455,000. 9/14 W9761 818th Ave. – Issued building permit to Matt Flynn for a 24’ x 24’ addition to an accessory building. Est Cost - $10,000. Stantec Consulting Services Inc. 2080 Wooddale Drive, Suite 100 Woodbury, MN 55125 September 7, 2025 Town of River Falls, WI Attn: Terry Kusilek, Town Chair Via email: torf.chair@gmail.com Dear Chair Kusilek, Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI We are pleased to submit this proposal to provide professional engineering and planning services for t he update of the Towns’s Public Facilities Needs Assessment and Impact Fees. We feel Stantec’s existing and ongoing experience providing Towns with municipal engineering services and the fact that we completed the last study make us the ideal candidate to complete this effort. On behalf of Stantec, thank you for this opportunity to prepare this proposal. Should you have any questions or need clarification of anything presented in the enclosed proposal, please do not hesitate to contact us. Sincerely, Stantec Consulting Services Inc. Angela Popenhagen, PE (651) 252-7094 angela.popenhagen@stantec.com Attachment: Letter Proposal – Impact Fee Needs As sessment for the Town of River Falls, Wisconsin September 7, 2025 Terry Kusilek, Town Chair Page 2 of 6 Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI EXPERIENCE / UNDERSTANDING OF WISCONSIN STATE STATU TES RELATED TO IMPACT FEES Impact fees are financial contributions imposed by communities to pay for capital improvements within the community, which are necessary to serve or accommod ate new development. State Statutes require that any municipality that imposes impact fees must have a sound basis of analy sis to support the imposed fee. This means that you have accurate data on the Town’s growth patterns and infrastructure needs due to development to provide the information necessary to support the final impact fees. We have assisted many Wisconsin municipalitie s prepare Needs Assessments and associated Impact Fee Ordinances required to support a rational relationship to the need for new, expanded or improved public facilities. The impact fee should be based on a reasonable estimate of the demand that a new development will create for public facilities. For services that serve both residential and non-residential properties, such as public works facilities and roads, this requires finding a reasonable basis for determining the amount of capital costs of facilities resulting from residential versus non-residential development. For services such as parks, impact fees would only be charged to residential users given “businesses” are not typically a user of the park. State law also dictates that impact fees cannot exceed the proportionate share of the capital costs re quired to serve new development as compared to existing de velopment. Each facility must be analyzed to determine the share of the facility that is needed to provide the established service level to the existing development versus the excess facility space that is available to serve new development. The same serv ice level should be applied to both existing and new development when determining if there is a portion of facilities that are needed to provide the desired service level to existing development. In the state of Wisconsin, impact fees can be used for the following public facilities: • Highways, as defined in s. 340.01 (22), • Facilities for collecting and treating sewage, • Facilities for collecting and treating storm and s urface waters, • Facilities for pumping, storing, and distributing water, • Parks, playgrounds and land for athletic fields, • Solid waste and recycling facilities, • Fire protection facilities, • Law enforcement facilities, • Emergency medical facilities, and • Libraries. The Town of River Falls is considering updating their existing Public Facilities Needs Assessment and associated Impact Fees. The original document was c reated in 2006 with the last extension in 2017. The Town would like to update the existing impact fees for land acquisition for a public works facility, a long with possibly considering other impact fees such as roads. The Needs Assessment and Impact Fee will satisfy the requirements of Wisconsin State Statute §66.0617 along with revisions from 2005 Wisconsin Act 477, September 7, 2025 Terry Kusilek, Town Chair Page 3 of 6 Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI 2005 Wisconsin Act 203, 2007 Wisconsin Act 44, 2007 Wisconsin Act 96, 2009 Wisconsin Acts 180 and 2017 Wisconsin Acts 243. This is also a great time to update your Needs Assessment and Impact Fees given the 2020 Census data and projection data through the Wisconsin Department of Administration is available. This information will be used as a basis for the analysis; however, we wi ll review this data with you for accuracy prior to using it in the final calculations. We have found that this data doesn’t always reflect what local knowledge might know. The roadway needs assessment and parks and recreati on needs assessment are the most common with our municipalities. The road impact fees are based on additional width, additional safety enhancements such as turn lanes and bypass lanes, or additional section depth to handle the additional traffic and weight associated with the growth areas. We then determine standard traffic generation per anticipated land use type and amount. For parks and recreation, there is a standard metric that can be used to determine quantity of parkland and needs. The National Recreation and Park Association (NRPA) guidelines give th e justification needed in the analysis. Given our past experience, we understand the Wiscon sin impact fee law which contains specific requirements for the process of adopting or amending an impact fee ordinance, for determining the amount that can be charged for an impact fee, and for mana ging and spending impact fee revenues. APPROACH AND PROJECT PLAN This scope of work is based on our brief conversation, so we can modify as deemed appropriate. Task 1 – Analyze Population and Growth Areas An important element of determining appropriate impact fees is projecting the amount of future development that will occur in the Town during the selected planning period. These projections are important for planning for the facilities needed to serve new development as well as calculating the proportionate cost of facilities per unit of development. • Gather demographic data and projected growth rates for population and housing. • Review comprehensive plans and meet with Town rega rding future growth areas for all types of development (i.e. residential, commercial, and industrial). Task 2 – Analyze Sizing of Facilities and Infrastructure The Town would like to consider impact fees for the final portion of the land acquisition for the public works facility and potentially consider other impact fees such as roads. We will review the existing public facilities, including identification of any existing deficiencies in those public facilities, for which it is anticipated that an impact fee may be imposed. We also will identify new, improved or expanded public facilities that will be required because of new development, or the identification of excess capacity in existing public facilities that are used by new development. • Review public works facility improvement needs bas ed on anticipated development. September 7, 2025 Terry Kusilek, Town Chair Page 4 of 6 Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI • Review other facility improvements (such as roads) for the additional fee if the Town so desires. Task 3 – Prepare Cost Estimates Once Task 3 is complete, Stantec will gather estimates within the facility plans and/or calculate the project costs for the facilities and infrastructure identified. These will be planning level estimates based on standard bid prices from 2025 projects. • Provide cost estimates that clearly delineate impr ovements required because of development impacts. Task 4 – Calculate Impact Fees for each Public Facilities System Impact fees will then be calculated using the cost estimates divided by population and growth areas. T his calculation is critical and needs to clearly show the direct relationship to new development. This is also the point in time where conversations with the Town are needed to make sure the calculation of the rate is understandable and easy to apply when building perm its are pulled. • Determine basis of calculations. • Calculate potential Impact Fees based on cost esti mates for preliminary review. Task 5 – Impact on the Availability of Affordable H ousing One of the requirements of Wisconsin Statute §66.0617 is to estimate the cumulative effect of all proposed and existing impact fees on the availability of affordable housing within the municipality. Impact fee s may have an effect on affordability to those in the low-income brackets. The Town may wish to reduce or w aive the impact fees for those units that can prove low-income benefit. Having this analysis in the Needs Assessment will help the Town Board determine what is best for their community by balancing the funding needs with the effects on development. Task 6 – Prepare and Present DRAFT Needs Assessment Report with Preliminary Recommendations for Impact Fees • Review with the Town Board. • Public invited to review and provide comments. Task 7 – Prepare and Present FINAL Amended Public F acilities Needs Assessment • Based on comments provided from Task 6, prepare a final amended Public Facilities Needs Assessment. • Present to the Town Board for recommendation of Im pact Fees. Task 8 – Update Impact Fee Ordinance (Completion ba sed on decision from Task 7) **Town Attorney participation in preparing the Impact Fee Ordinance is anticipated and requested if yo u want modification to the existing ordinance. The scope does not include any third-party attorney consultation or advisory role. September 7, 2025 Terry Kusilek, Town Chair Page 5 of 6 Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI Prior to amending a local ordinance to update impact fees on new development, a municipality must hold a public hearing prior to enacting or amending an ordinance to impose impact fees. The Public Facilities Needs Assessment must be available for public revie w for at least 20 days before the date of the hearing. Our team will assist with: • Present the findings of this report to the Town Bo ard. • Revise the existing impact fee ordinance to includ e the recommended changes to the impact fees. • Assist the Town Clerk with publishing a Class 1 no tice in the Town newspaper prior to the public hearing as required under Wisconsin Statutes §66.06 17(3). The needs assessment must be available for public inspection and copying at least 20 days prior to the public hearing as required under Wisconsin Statutes §66.0617(4)(b). • Attend the public hearing prior to amending the im pact fee ordinance. • After the public hearing, the Town Board may adopt the amended impact fee ordinance as recommended or adopt it with additional amendments. • Provide guidance after the impact fees are adopted regarding the segregated accounts and statutory time period required to use the funds. It is recommended that the impact fees be reviewed on a consistent basis to adjust for changes in infl ation, development trends or major changes in project plans, ideally on a schedule of every three to five years. PROPOSED FEE The estimated hourly fee for the scope described above is $5,700 for the update of the original impact fee and $2,900 for each additional facility that is requested. We will bill on a time and materials basis for work performed. Attached is Stantec’s Standard Terms and Conditions if you decide to proceed with this proposal. September 7, 2025 Terry Kusilek, Town Chair Page 6 of 6 Reference: Proposal for Impact Fee Needs Assessment for the Town of River Falls, WI By signing this Task Order Proposal, the Town of River Falls, WI authorizes Stantec to proceed with the task order services herein described for the preparation of the Impact Fee Needs Assessment (“Project”) and accepts the Standard Terms and Conditions as at tached. This proposal is accepted and agreed on the of , . Per: Town of River Falls, Wisconsin Client Name Print Name & Title Signature Day 12 Year Month PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2 Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form Agreements The following Terms and Conditions are attached to and form part of a proposal for services to be performed by Consultant and together, when the Client authorizes Consultant to proceed wi th the services, constitute the Agreement. Consult ant means the Stantec entity issuing the Proposal. Description of Work: Consultant shall render the services described in the Proposal (hereinafter called the “Services”) to the Client. Terms and Conditions: No terms, conditions, understandings, or agreements purporting to modify or vary these Terms and Conditions shall be binding unless hereafter made in writing a nd signed by the Client and Consultant. In the eve nt of any conflict between the Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This Agreement supercedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection with or incidental to the Project. Compensation : Payment is due to Consultant within 28 days of receipt of invoice. Failure to make any payment when due is a material breach of this Agreement and will entitle Consultant, at its option, to suspend or terminate this Agreement and the provision of the Services. Interest will accrue on accounts overdue at the les ser of 1.5 percent per month (18 percent per annum) or the maximum legal rate of interest. Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes that may be applied by Government on fees for services. Such taxes will be added to all invoices as required. The Client will make electronic payment of the invoices, the details of which can be obtained or verified by contacting ar@stantec.com . Consultant provides no guarantee or warranty that the Client’s Project requirements can be achie ved within its proposed Project budget or schedule. Any services to redesign, value- engineer or make changes to the Client’s Project re quirements, whether for cost-saving, schedule effic iency, or otherwise, constitute additional services. Notices: Each party shall designate a representative who is authorized to act on behalf of that party. All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. Termination: Either party may terminate the Agreement without cause upon thirty (30) days notice in writing. If either party breaches the Agreement and fails to remedy such breach within seven (7) days of notice to do so by the non-defaulting party, the non-defaulting party may immediately terminate the Agreement. Non-paymen t by the Client of Consultant’s invoices within 30 days of Consultant rendering same is agreed to constitute a material breach and, upon written notice as prescribed above, the dutie s, obligations and responsibilities of Consultant are terminated. On termination by either party, the Client shall forthwith pay Consultant all fees and charges for the Services provided to the effective date of termination. Environmental: Except as specifically described in this Agreemen t, Consultant’s field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. Consultant is entitled to rely upon information provided by the Client, its consultants, and third-party sources provided such third party is, in Consultant’s opinion, a reasonable source for such information, relating to subterranean structures or utilities. The Client releases Consultant from any liability and agrees to defend, indemnify and hold Consultant harmless from any and all claims, damages, losses and/or expenses, direct and indirect, or consequential damages relating to subterranean structures or utilities which are not correctly identified in such information. Professional Responsibility: In performing the Services, Consultant will provide and exercise the standard of care, skill and dilig ence required by customarily accepted professional practices normally provided in the performance of the Services at the time and the location in which the Services were performed. Indemnity: The Client releases Consultant from any liability a nd agrees to defend, indemnify and hold Consultant harmless from any and all claims, damages, losses, and/or expenses, d irect and indirect, or consequential damages, inclu ding but not limited to attorney’s fees and charges and court and arbitration costs, a rising out of, or claimed to arise out of, the perf ormance of the Services, excepting liability arising from the sole negligence of Consultant. Limitation of Liability: It is agreed that, to the fullest extent possible under the applicable law, the total amount of all claims the Client may have against Consultant under this Agreement, including but not limited to claims for negligence, negligent misrepresentation and/or breach of contract, shall be strictly limited to the lesser of professional fees paid to Consultant for the Services or $100,000.00. No claim may be brought against Consultant more than two (2) years after the cause of action arose. As the Cli ent’s sole and exclusive remedy under this Agreement any claim, demand or suit shal l be directed and/or asserted only against Consulta nt and not against any of Consultant’s employees, officers or directors. Consultant’s liability with respect to any claims a rising out of this Agreement shall be absolutely li mited to direct damages arising out of the Services and Consultant shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the Client, including but not limited to claims for loss of use, loss of profits and/or loss of markets. In no event shall Consultant’s obligation to pay damages of any kind exceed its proportionate share of liability for causing such damages. Documents : All of the documents prepared by or on behalf of Consultant in connection with the Project are inst ruments of service for the execution of the Project. Consultant retains t he property and copyright in these documents, wheth er the Project is executed or not. These documents may not be used for any other purpo se without the prior written consent of Consultant. In the event Consultant’s documents are subsequently reused or modified in an y material respect without the prior consent of Con sultant, the Client agrees to defend, hold harmless and indemnify Consultant from any claims advanced on account of said reuse or modification. Any document produced by Consultant in relation to the Services is intended for the sole use of Client. The documents may not be relied upon by any other party without the express written consent of Consultant, which may be withheld at Co nsultant’s discretion. Any such consent will provide no greater rights to the third party than those held by the Client under the contract and will only be authorized pursuant to the conditions of Consultant’s standard form reliance letter. Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format (“Electronic Files”). Client shall release, indemnify and hold Consultant, its o fficers, employees, Consultant’s and agents harmles s from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of Consultant, are not to be PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2 of 2 Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form Agreements used for any purpose other than that for which they were transmitted, and are not to be retransmitted to a third party without Consultant’s written consent. Field Services : Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with work on the Project and shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents. Co nsultant shall not be responsible for the acts or o missions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the Project. Consultant shall not be the prime contractor or similar under any occupational health and safety legislation. Governing Law/Compliance with Laws: The Agreement shall be governed, construed and enforced in accordance with the laws of the jurisdiction in which the majority of the Services are performed. Consultant shall observe and comply with all applicable laws, continue to provide equal employment opportunity to all qualifi ed persons, and to recruit, hire, train, promote an d compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin or any other basis prohibited by applicable laws. Dispute Resolution: If requested in writing by either the Client or C onsultant, the Client and Consultant shall attempt to resolve any dispute between them arising out of or in connectio n with this Agreement by entering into structured n on-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. The Parties agree that any actions under this Agreement will be broug ht in the appropriate court in the jurisdiction of the Governing Law, or elsewhere by mutual agreement. Nothing herein however prevents Consultant from any exercising statutory lien rights or remedies in accordance with legislation where the project site is located. Assignment: The Client shall not, without the prior written consent of Consultant, assign the benefit or in any way transfer the obligations under these Terms and Conditions or any part hereof. Severability: If any term, condition or covenant of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall be binding on the Client and Consultant. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not const itute a breach of contract, labor strikes, riots, w ar, acts of governmental authorities, unusually severe weather conditions or other natura l catastrophe, disease, epidemic or pandemic, or an y other cause beyond the reasonable control or contemplation of either party . Nothing herein relieves the Client of its obligat ion to pay Consultant for services rendered. Contra Proferentem: The parties agree that in the event this Agreement is subject to interpretation or construction by a third party, such third party shall not construe this Agreement or any part of it against either party as the drafter of this Agreement. Business Practices : Each Party shall comply with all applicable laws, contractual requirements and mandatory or best practice guidance regarding improper or illegal payments, gifts, or g ratuities, and will not pay, promise to pay or auth orize the payment of any money or anything of value, directly or indirectly, to any p erson (whether a government official or private ind ividual) or entity for the purpose or illegally or improperly inducing a decision or obtaining or retaining business in connection with this Agreement or the Services. Register: 1st Nat. BK of RF:Clerk's Checking Account From 09/02/2025 through 09/15/2025 Sorted by: Date, Type, Number/Ref Date Number Payee Account Memo PaymentC Deposit Balance 09/02/2025 1301 Wisconsin Dept. of R... Payroll Liabilities 036-00003408... 1,718.62 27,113.35 09/02/2025 1302 EFTPS -split- 39-6006086 2,667.33 24,446.02 09/02/2025 1303 Wisconsin Retiremen... -split- 2,472.74 21,973.28 09/02/2025 1304 Wisconsin Dept. of R... Payroll Liabilities 036-00003408... 1,062.23 20,911.05 09/02/2025 1305 Cintas Public Works - Roads:... 193.27 20,717.78 09/02/2025 1306 St. Croix Valley Nat... General Government:T... 26.00 20,691.78 09/02/2025 28742 Kozak, Rita M -split- 1,010.29 19,681.49 09/02/2025 28743 Kusilek (employee), ... -split- 788.64 18,892.85 09/02/2025 28744 Mahoney, Joseph M -split- 1,481.50 17,411.35 09/02/2025 28745 Meyer, Sarah K -split- 3,036.88 14,374.47 09/02/2025 28746 Mogen (supervisor), ... -split- 329.84 14,044.63 09/02/2025 28747 Smith (supervisor), Siri -split- 454.56 13,590.07 09/02/2025 28748 Foster, Mary J -split- 523.32 13,066.75 09/02/2025 28749 Terry Kusilek Public Works - Roads:... 67.62 12,999.13 09/02/2025 28750 Joe Mahoney Public Works - Recycli... 84.65 12,914.48 09/02/2025 28751 Rodewald, Donald T -split- 325.83 12,588.65 09/02/2025 28752 Rodewald, Jerome C -split- 170.48 12,418.17 09/02/2025 28753 Jerome or Marcella R... Zoning Administrator ... 50.00 12,368.17 09/02/2025 28754 Don Rodewald -split- 322.19 12,045.98 09/03/2025 28755 Mark Anderson Culture and Recreation... 50.00 11,995.98 09/03/2025 28756 River Falls Rural Fir... Public Safety:River Fal... 1,600.00 10,395.98 09/03/2025 28757 Ace Hardware -split- 319.17 10,076.81 09/03/2025 28758 Verizon Wireless General Government:T... 47.55 10,029.26 09/03/2025 28759 American Pest Soluti... General Government:T... 149.50 9,879.76 09/10/2025 1st Nat. BK of RF:Mo... Deposit 20,000.00 29,879.76 09/10/2025 28760 Dohrer, Albert S. -split- 287.85 29,591.91 09/10/2025 28761 Flick, Dalton -split- 1,985.02 27,606.89 09/10/2025 28762 Fristad, Christopher -split- 109.16 27,497.73 09/10/2025 28763 Gill, Garrett D -split- 148.48 27,349.25 09/10/2025 28764 Johnson, Kaleb LG -split- 306.19 27,043.06 09/10/2025 28765 Merta (employee), M... -split- 57.68 26,985.38 09/10/2025 28766 Nyquist (employee), ...-split- 57.51 26,927.87 09/10/2025 28767 Schaar Jr., Robert A-split- 2,314.93 24,612.94 09/10/2025 28769 Bauer Built Public Works - Roads:... 275.78 24,337.16 09/10/2025 28770 Water Care Services General Government:T... 264.80 24,072.36 09/10/2025 28771 American Pest Soluti... General Government:P... 199.00 23,873.36 09/10/2025 28772 Carquest Auto Parts ... Public Works - Roads:... 29.99 23,843.37 09/10/2025 28773 Alcivia Public Works - Roads:... 9805344 4,081.89 19,761.48 09/10/2025 28774 Rural Mutual Insuran... General Government:In... 486.00 19,275.48 09/10/2025 28775 Companion Animal ... Health and Human Ser... 40.00 19,235.48 Town of River Falls 9/15/2025 11:21 AM Page 1 Register: 1st Nat. BK of RF:Clerk's Checking Account From 09/02/2025 through 09/15/2025 Sorted by: Date, Type, Number/Ref Date Number Payee Account Memo PaymentC Deposit Balance 09/10/2025 28776 Waste Mgt of WI-MN -split- 3,449.57 15,785.91 09/10/2025 28777 Kwik Trip -split- 38.84 15,747.07 09/11/2025 1307 EFTPS -split- 39-6006086 1,538.82 14,208.25 Town of River Falls 9/15/2025 11:21 AM Page 2